[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38928-38929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13272]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 05-194; DA 05-1389]


Petition for Declaratory Ruling Filed by CTIA

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document seeks comment on a petition for expedited 
declaratory rulemaking filed by the Cellular Telecommunications & 
Internet Association, seeking a declaratory ruling that early 
termination fees in wireless carriers' service contracts are ``rates 
charged'' for CMRS within the meaning of the Communications Act.

DATES: Submit comment on or before August 5, 2005, and reply comment on 
or before August 25, 2005.

ADDRESSES: You may submit comments, identified by WT Docket No. 05-194, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christina Clearwater, Spectrum & 
Competition Policy Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 202-418-1893.

SUPPLEMENTARY INFORMATION:

Background

    On March 15, 2005, the Cellular Telecommunications & Internet 
Association (CTIA) filed a Petition for Expedited Declaratory Ruling 
(CTIA Petition), seeking a declaratory ruling by the Commission that 
early termination fees in wireless carriers' service contracts are 
``rates charged'' for CMRS within the meaning of section 332(c)(3)(A) 
of the Communications Act and Commission precedent. See Petition of the 
Cellular Telecommunications & Internet Association for an Expedited 
Declaratory Ruling, WT Docket No. 194, filed March 15, 2005.
    CTIA also seeks a declaration from the Commission that any 
application of state law by a court or other tribunal to invalidate, 
modify, or condition the use or enforcement of early termination fees 
based, in whole or in part, upon an assessment of reasonableness, 
fairness, or cost-basis of the early termination fee, or to prohibit 
the use of early termination fees as unlawful liquidated damages or 
penalties, constitutes prohibited rate regulation preempted by section 
332(c)(3)(A) of the Communications Act. The CTIA Petition raises 
important issues, and in the Public Notice, the Wireless 
Telecommunications Bureau seeks comment on the Petition. The Wireless 
Telecommunications Bureau notes that it is contemporaneously releasing 
a separate public notice seeking comment on earlier-filed petitions for 
declaratory ruling that raise preemption-related issues regarding early 
termination fees. See Wireless Telecommunications Bureau Seeks Comment 
on Petition for Declaratory Ruling Filed by Suncom, and Opposition and 
Cross-Petition for Declaratory Ruling Filed by Debra Edwards, Seeking 
Determination of Whether State Law Claims Regarding Early Termination 
Fees Are Subject to Preemption Under 47 U.S.C. Section 332(c)(3)(A), 
Public Notice, WT Docket No. 05-193, DA 05-1390 (rel. May 18, 2005).

Electronic Access and Filing

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments in this 
proceeding on or before August 5, 2005, and reply comments may be filed 
on or before August 25, 2005. When filing comments, please reference WT 
Docket No. 05-194. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(May 1, 1998). Comments filed through the ECFS can be sent as an 
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission must be 
filed. In completing the transmittal screen, commenters should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket or

[[Page 38929]]

rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send e-mail to [email protected], and should include the 
following words in the body of the message, ``get form .'' A sample form and directions will be sent in reply.
    Parties who choose to file by paper must send an original and four 
(4) copies of each filing. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Room TW-B204, 
Washington, DC 20554.
    Filings can be sent by hand or messenger delivery, by electronic 
media, by commercial overnight courier, or by first-class or overnight 
U.S. Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Natek, Inc., will receive hand-delivered or messenger-delivered paper 
filings or electronic media for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial and electronic 
media sent by overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554.
    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200. Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentations must contain summaries of the 
substance of the presentations and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. See 47 CFR 1.1206(b). Other 
rules pertaining to oral and written ex parte presentations in permit-
but-disclose proceedings are set forth in Sec.  1.1206(b) of the 
Commission's rules, 47 CFR 1.1206(b).
    The full text of the petition and copies of any subsequently filed 
documents in this matter will be available for public inspection and 
copying during regular business hours at the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554, (202) 418-0270. This document may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
Customers may contact BCPI, Inc. at their Web site: http://www.bcpiweb.com or by calling 1-800-378-3160.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format) 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY).

Federal Communications Commission.
Catherine Seidel,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. 05-13272 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P